Amendment ASA1-AB1

AB1-ASA1,11,4 a. For a pupil who was enrolled in the school or school district for at least one year but less than 2 years prior to taking the pupil assessment, multiply by 1.

AB1-ASA1,11,6 b. For a pupil who was enrolled in the school or school district for at least 2 years but less than 3 years prior to taking the pupil assessment, multiply by 2.

AB1-ASA1,11,8 c. For a pupil who was enrolled in the school or school district for more than 3 years prior to taking the pupil assessment, multiply by 3.

AB1-ASA1,11,11 2. The department may not, for purposes of determining a school's performance, account for the length of time a 9th grade pupil was enrolled in the school.

AB1-ASA1,11,20 (d) The department shall consider the impact of poverty on pupil achievement and growth by adjusting the importance given to the measures under sub. (1) (a) 1. and 1m. based on the percentage of pupils in the school or school district who are economically disadvantaged. In this paragraph, an economically disadvantaged pupil is a pupil who satisfies either the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1) or other measures of poverty, as determined by the department. Of the total weight the department allocates to the measures under sub. (1) (a) 1. and 1m. for the purpose of determining a school's performance or a school district's improvement, the department shall do as follows:

AB1-ASA1,11,23 1. If 5 percent or less of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 90 percent and the measure under sub. (1) (a) 1m. at 10 percent.

AB1-ASA1,12,3 2. If 65 percent or more of the school or school district membership is comprised of economically disadvantaged pupils, weight the measure under sub. (1) (a) 1. at 10 percent and the measure under sub. (1) (a) 1m. at 90 percent.

AB1-ASA1,12,6 3. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, determine the weight of the measures under sub. (1) (a) 1m. as follows:

AB1-ASA1,12,7 a. Divide 80 by 60.

AB1-ASA1,12,9 b. Multiply the quotient determined under subd. 3. a. by the percentage of economically disadvantaged pupils in the school or school district membership.

AB1-ASA1,12,10 c. Add 3.35 to the result under subd. 3. b.

AB1-ASA1,12,14 4. If the percentage of economically disadvantaged pupils in the school or school district membership is more than 5 percent but less than 65 percent, determine the weight of the measures under sub. (1) (a) 1. by subtracting the weight given to the measures under sub. (1) (a) 1m. as determined under subd. 3. from 100.

AB1-ASA1,12,17 (e) The measures related to college and career readiness under sub. (1) (a) 2. may account for not more than 5 percent of the school's performance or school district's improvement.

AB1-ASA1,12,20 (f) The department may consider the impact of up to 3 days of inclement weather on the school's performance or school district's improvement on the measure related to rates of attendance under sub. (1) (a) 4.

AB1-ASA1,20 Section 20. 115.385 (1r) of the statutes is created to read:

AB1-ASA1,13,2 115.385 (1r) For purposes of measuring a school district's improvement under sub. (1), the department may not include information or scores derived from a virtual charter school that is considered to be located in the school district under s. 118.51 (18) if at least 50 percent of the pupils are attending the virtual charter school under s. 118.51.

AB1-ASA1,21 Section 21. 115.385 (2) of the statutes is amended to read:

AB1-ASA1,13,13 115.385 (2) Beginning one year after a charter school established under s. 118.40 (2r) or a private school participating in a parental choice program under s. 118.60 or 119.23 begins using the student information system under s. 115.28 (12) (b), or begins using a system that is interoperable with that system, the with the accountability report published for the 2015-16 school year, the department shall include the school in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) and private schools participating in a program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

AB1-ASA1,22 Section 22. 115.385 (3) of the statutes is created to read:

AB1-ASA1,13,18 115.385 (3) (a) On an accountability report published for a private school participating in a program under s. 118.60 or 119.23, the department shall specify the percentage of pupils attending the private school under the program and comply with one of the following:

AB1-ASA1,13,21 1. For a private school that submits achievement data only for those pupils attending the private school under the program, identify the grade level determined from data about those pupils as the choice pupil grade.

AB1-ASA1,14,3 2. For a private school that submits achievement data for those pupils attending the private school under s. 118.60 or 119.23 and achievement data for all other pupils attending the private school, identify the grade level determined from data about pupils attending the school under s. 118.60 or 119.23 as the choice pupil grade. The department shall also identify a 2nd grade level, determined from data about all pupils attending the private school, including pupils attending the private school under s. 118.60 or 119.23, as the private school grade.

AB1-ASA1,14,9 (b) For a private school participating in a program under s. 118.60 or 119.23, the department may use for each measure specified in sub. (1) (a) only the information in this subsection that pertains to pupils attending the private school under the program unless the private school submits achievement data under par. (a) 2. for pupils attending the private school other than under the parental choice program.

AB1-ASA1,23 Section 23. 115.385 (4) of the statutes is created to read:

AB1-ASA1,14,21 115.385 (4) Annually, each public school, including a charter school, and each private school participating in a program under s. 118.60 or 119.23 shall provide to the parent or guardian of each pupil enrolled in or attending the school a copy of the school's accountability report or, if impractical, a summary of the accountability report accompanied by a link to the school's Internet site where the full report may be accessed. Each school shall simultaneously provide to the parent or guardian of each pupil enrolled in the school a list of the educational options available to children who reside in the pupil's resident school district, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time open enrollment, youth options, course options, and options for pupils enrolled in a home-based private educational program.

AB1-ASA1,24 Section 24. 115.385 (5) of the statutes is created to read:

AB1-ASA1,15,2 115.385 (5) A school may not avoid sanctions under sub. (6) or (7) by closing and reopening under a different name or in a different location, or by merging or consolidating with another school if the result is a substantially similar population of pupils.

AB1-ASA1,25 Section 25. 115.385 (6) of the statutes is created to read:

AB1-ASA1,15,8 115.385 (6) (a) Beginning with an accountability report published under sub. (1) for the 2016-17 school year, if a public school, including a charter school established under s. 118.40 (2r), receives a grade level of "D — Meets Few Expectations" or "F — Fails to Meet Expectations" in the 3rd school year of any 3 consecutive school years, the state superintendent shall do all of the following:

AB1-ASA1,15,10 1. Require the school board or operator of the charter school to immediately do all of the following:

AB1-ASA1,15,12 a. Comply for 3 consecutive school years with the requirements under s. 118.42 to undertake interventions for low-performing schools.

AB1-ASA1,15,24 b. For a public school other than a charter school established under s. 118.40 (2r), authorize the school district administrator to act unilaterally, on matters related to the operation and administration of the school subject to sanctions under this subsection and in a manner that is not otherwise in violation of the law, in contravention of policies and procedures adopted by the school board and to adopt new policies and procedures. The school board may not retaliate against the school district administrator for any lawful action taken by the school district administrator under this subd. 1. b. The school district administrator may bring an action in circuit court against the school board if the school board retaliates against the school district administrator, by engaging in a disciplinary action against or terminating the employment of the school district administrator, because of any lawful action taken by the school district administrator under this subd. 1. b.

AB1-ASA1,16,3 2. From the appropriation under s. 20.255 (2) (ca), make payments to school districts for the purpose of implementing interventions required under s. 118.42 in schools subject to sanctions under subd. 1. a.

AB1-ASA1,16,14 (b) Beginning with an accountability report published under sub. (1) for the 2016-17 school year, if the state superintendent determines that a private school that has 20 or more pupils participating in a program under s. 118.60 or 119.23 has received a grade level of "D — Meets Few Expectations" or "F — Fails to Meet Expectations" in the 3rd school year of any 3 consecutive school years in which the school has both participated in a parental choice program and had 20 or more pupils attending the school under a parental choice program, the private school may not accept any additional pupils under a parental choice program, other than siblings of pupils attending the school under a parental choice program, for the next 3 consecutive school years following the state superintendent's determination under this paragraph.

AB1-ASA1,26 Section 26. 115.385 (7) of the statutes is created to read:

AB1-ASA1,16,21 115.385 (7) (a) If, on the accountability report published under sub. (1) at the end of the 3-year period under sub. (6) (a), the state superintendent determines that a public school, other than a charter school established under s. 118.40 (2r), that is subject to sanctions under sub. (6) (a) has received a grade level of "F — Fails to Meet Expectations," the school board, or operator of the charter school if applicable, shall, as soon as practicable, undertake one or more of the following:

AB1-ASA1,16,23 1. Elect to comply with both of the following steps towards reorganizing the administration of the school:

AB1-ASA1,17,2 a. As soon as practicable, replace the principal and, if applicable, administrator of the school. The school board is not required to replace the principal or administrator as provided in this subd. 1. a. if the principal was hired within the immediately preceding 15 months.

AB1-ASA1,17,11 b. As soon as practicable, give notice of refusal to renew the contract of any teacher in the school who received a score of less than proficient on an evaluation conducted within the immediately preceding 2 school years under s. 115.415. The school board is not required to take action under this subd. 1. b. for any teacher who has 3 or fewer years of classroom experience. The school board may not rehire or reassign within the school district a teacher whose contract is not renewed under this subd. 1. b. for 3 consecutive school years, except that this prohibition does not apply to a teacher whose nonrenewal under this subd. 1. b. is found to be unlawful under subch. II of ch. 111.

AB1-ASA1,17,25 2. a. For a public school that is not a charter school, request the department to publish a request for proposals that shall direct interested applicants to submit to the department a proposal to convert the public school to a charter school under the authority of a college campus or institute in the University of Wisconsin System under s. 118.40 (2r) (b) 1. e. or of a technical college district board under s. 118.40 (2r) (b) 1. f. The department shall submit any proposal it receives to one or more deans, chancellors, or district boards for review. If any such dean, chancellor, or district board finds a proposal acceptable, or if any such dean, chancellor, or district board elects to establish and operate the school as a charter school under s. 118.40 (2r), that entity shall authorize the conversion of the public school to a charter school under s. 118.40 (2r). The department shall establish, by rule, a process for selecting the most appropriate dean or chancellor of a college campus or institution in the University of Wisconsin System or technical college district board to receive a proposal submitted to the department under this subd. 2. a.

AB1-ASA1,18,4 b. If the school board selects conversion to a charter school under s. 118.40 (2r) under this subdivision, the school board shall lease the school building, the school premises, and the furniture, fixtures, and equipment within the school building to the operator of the charter school up to fair market value.

AB1-ASA1,18,6 c. If the department does not receive any proposal under subd. 2. a., the public school shall follow the procedures under subd. 3.

AB1-ASA1,18,17 d. The operator of a school that is converted to a charter school under this subdivision shall enter into a 5-school-year contract with the entity that authorized the charter school under subd. 2. a. If, at the end of the 5-school-year term, the school receives a grade level of "C — Meets Expectations" or better on the accountability report published under sub. (1), the authorizing entity and the operator may agree to renew the contract for an additional 5-school-year term. The contract shall include a process for determining whether the school is making measurable progress towards improving the school's grade level. The contract shall include a provision governing the transportation of pupils to the school. The contract shall also include a process by which the transfer of the management and operations of the school may be returned to the school board at the end of the contract term.

AB1-ASA1,18,25 3. For a public school that is not a charter school, enter into a 5-school-year contract with a person to operate the school as a charter school under s. 118.40 (2m) if the school board has not already done so. If, at the end of the 5-school-year term, the school receives a grade level of "C — Meets Expectations" or better on the accountability report published under sub. (1), the school board may but is not required to renew the contract with the operator for an additional 5-school-year term. The contract shall include a process by which the transfer of the management and operations of the school may be returned to the school board.

AB1-ASA1,19,8 4. For a public school that is not a charter school, authorize the school district administrator to enter into a 5-school-year contract with an educational management agency under which the educational management agency agrees to operate the school. The contract under this subdivision shall require the educational management agency to follow the laws applicable to public schools under chs. 115 to 121 and the administrative rules promulgated by the department. The contract shall permit the school district administrator and the educational management agency to renew the contract for a second 5-school-year term.

AB1-ASA1,19,15 (ag) 1. If the school board, or, if applicable, the operator of a charter school other than a charter school under s. 118.40 (2r), fails to take any action under par. (a) with respect to a school that is subject to sanctions under this subsection within the 12 months after the state superintendent's determination under par. (a) (intro.), the state superintendent shall adjust the state aid paid to the school district under s. 121.08 for the school year immediately following the school year in which the school becomes subject to sanctions under par. (a) in the following manner:

AB1-ASA1,19,18 a. Determine the amount of state aid received by the school district under s. 121.08 in the school year in which the school becomes subject to sanctions under par. (a).

AB1-ASA1,19,21 b. Determine the amount of state aid the school district would be eligible to be paid under s. 121.08 in the school year immediately following the school year described under subd. 1. a.

AB1-ASA1,20,4 c. If the amount determined under subd. 1. a. is less than the amount determined under subd. 1. b., the amount of state aid to be paid under s. 121.08 to the school district for the school year immediately following the school year described under subd. 1. a. shall be the amount determined under subd. 1. a. If the amount determined under subd. 1. a. is greater than the amount determined under subd. 1. b., the amount of state aid to be paid under s. 121.08 to the school district for the school year immediately following the school year described under subd. 1. a. shall be the amount determined under subd. 1. b.

AB1-ASA1,20,9 2. For each school year following the school year described under subd. 1. b. that the school board or operator of a charter school, other than a charter school under s. 118.40 (2r), fails to take any action under par. (a), the state superintendent shall reduce by 1 percent the amount of state aid paid to the school district under subd. 1. c.

AB1-ASA1,20,17 (ar) If, on the accountability report published under sub. (1) at the end of the 3-year period under sub. (6) (a), the state superintendent determines that a public school that is a charter school established under s. 118.40 (2r) and that is subject to sanctions under sub. (6) (a) has received a grade level of "F — Fails to Meet Expectations," the charter school shall fulfill any contractual or other requirements with the department as soon as practicable, and the department shall discontinue payments to the charter school under s. 118.40 (2r) (e) as soon as practicable under the terms of the contract.

AB1-ASA1,21,2 (b) If, on the accountability report published under sub. (1), at the end of the 3-year period under sub. (6) (b), the state superintendent determines that a private school subject to sanctions under sub. (6) (b) has received a grade level of "F — Fails to Meet Expectations," the private school shall fulfill any contractual or other requirements with the department as soon as practicable, and the department shall discontinue payments to the private school as soon as practicable. The private school may not accept any new pupils under a parental choice program for 4 school years. Subject to sub. (8) (b), the private school may reapply to participate in a parental choice program at the end of the 4 school years following the state superintendent's determination under this paragraph.

AB1-ASA1,27 Section 27. 115.385 (8) of the statutes is created to read:

AB1-ASA1,21,8 115.385 (8) (a) The state superintendent may release a school subject to sanctions under sub. (6) from the requirements imposed upon the school by sub. (6) if the school receives a grade level of "C — Meets Expectations" or better on the accountability report published for the school under sub. (1) within the 36 months immediately following the imposition of sanctions under sub. (6).

AB1-ASA1,21,11 (b) The state superintendent may release a school subject to sanctions under sub. (7) from the requirements imposed upon the school by sub. (7) in any of the following circumstances:

AB1-ASA1,21,14 1. For a school subject to sanctions under sub. (7) (a) 1., if the school receives a grade level of "C — Meets Expectations" or better on 2 consecutive accountability reports published for the school under sub. (1).

AB1-ASA1,21,16 2. For a school subject to sanctions under sub. (7) (a) 2., 3., or 4., in the last year of any 5-school-year contract entered into under sub. (7).

AB1-ASA1,21,22 (c) 1. If a school subject to sanctions under sub. (6) receives on the final accountability report published within 36 months immediately following the imposition of sanctions under sub. (6) a grade level of "D — Meets Few Expectations," the state superintendent shall require the school to comply with the requirements under sub. (6) for an additional 2 school years. The school district shall be responsible for the costs of and associated with implementing any plan.

AB1-ASA1,22,3 2. If a school subject to sanctions under sub. (6) receives on the final accountability report published within the 36 months immediately following the imposition of sanctions under sub. (6) a grade level of "F — Fails to Meet Expectations," the school shall first complete the requirements to which the school is subject under sub. (6) and the state superintendent shall then require the school to comply with the requirements imposed upon a school under sub. (7).

AB1-ASA1,28 Section 28. 115.385 (9) of the statutes is created to read:

AB1-ASA1,22,6 115.385 (9) The department shall develop, by rule, the qualifying score for each grade level under sub. (1) (b).

AB1-ASA1,29 Section 29. 115.385 (10) of the statutes is created to read:

AB1-ASA1,22,14 115.385 (10) Beginning in 2017, in each odd-numbered year, no later than 60 days after the department publishes accountability reports for schools under sub. (1), the department shall compile and evaluate information about the implementation of the school accountability system and make recommendations to the appropriate standing committees of the legislature under s. 13.172 (3). The department shall be prepared to make a presentation to a hearing or joint hearing of the appropriate standing committees of the legislature on all of the following:

AB1-ASA1,22,19 (a) Policies that address appropriate accommodations on statewide assessments for a pupil attending a private school participating in a program under s. 118.60 or 119.23 who is a child with a disability, a limited-English proficient pupil, or economically disadvantaged, as defined in federal law, that are similar to the accommodations made for such pupils attending public schools.

AB1-ASA1,22,21 (b) Refining the data to be used by the department for each measure specified in sub. (1) (a).

AB1-ASA1,22,23 (c) The methodology for measuring the performance of schools under this section.

AB1-ASA1,22,25 (d) The appropriate weight to be given each of the measures under sub. (1) (a) for the grade levels under sub. (1) (b).

AB1-ASA1,23,1 (e) The qualifying score for each grade level under sub. (1) (b).

AB1-ASA1,23,3 (f) Sanctions imposed upon, or lifted from, schools by the state superintendent under subs. (6) and (7).

AB1-ASA1,30 Section 30. 118.153 (1) (a) 5. of the statutes is amended to read:

AB1-ASA1,23,9 118.153 (1) (a) 5. Eighth grade pupils whose score in each subject area on the examination administered under s. 118.30 (1m) (am) 1. or 118.301 (4) was below the basic level, 8th grade pupils who failed the examination administered under s. 118.30 (1m) (am) 2. or 118.301 (4), and 8th grade pupils who failed to be promoted to the 9th grade.

AB1-ASA1,31 Section 31. 118.30 (1) of the statutes is amended to read:

AB1-ASA1,23,15 118.30 (1) The state superintendent shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th, 9th, 10th, and 11th grades. Beginning in the 2015-16 school year, the state superintendent may not adopt or approve assessments developed by the Smarter Balanced Assessment Consortium.

AB1-ASA1,32 Section 32. 118.30 (2) (b) 3. of the statutes is amended to read:

AB1-ASA1,23,19 118.30 (2) (b) 3. Upon the request of a pupil's parent or guardian, the school board shall excuse the pupil from taking an examination administered under sub. (1m) or s. 118.301 (4).

AB1-ASA1,33 Section 33. 118.30 (2) (b) 4. of the statutes is amended to read:

AB1-ASA1,23,23 118.30 (2) (b) 4. Upon the request of a pupil's parent or guardian, the operator of a charter school under s. 118.40 (2r) shall excuse the pupil from taking an examination administered under sub. (1r) or s. 118.301 (4).

AB1-ASA1,34 Section 34. 118.30 (2) (b) 5. of the statutes is amended to read:

AB1-ASA1,24,4 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s) (a) to (cm) or s. 118.301 (4).

AB1-ASA1,35 Section 35. 118.30 (2) (b) 6. of the statutes is amended to read:

AB1-ASA1,24,9 118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (cm) or s. 118.301 (4).

AB1-ASA1,36 Section 36. 118.30 (5m) of the statutes is amended to read:

AB1-ASA1,24,18 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or as permitted under s. 118.301 (4), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB1-ASA1,37 Section 37. 118.30 (7) of the statutes is amended to read:

AB1-ASA1,24,23 118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) or under s. 118.301 (4) regardless of the location of the charter school.

AB1-ASA1,38 Section 38. 118.301 of the statutes is created to read:

AB1-ASA1,25,3 118.301 Alternative assessments. (1) Definition. In this section, "research center" means an entity or organization with expertise to evaluate alternative examinations.

AB1-ASA1,25,12 (2) Responsibilities of the department. Within 30 days after the effective date of this subsection .... [LRB inserts date], the department shall request from the research center a list of nationally recognized, norm-referenced alternative examinations determined by the research center to be acceptable for statistical comparison with examinations adopted or approved under s. 118.30 (1). The department shall evaluate and approve 3 of the examinations by rule. The department may approve under this subsection only those examinations that the research center has determined are consistent with the parameters identified under sub. (3).

AB1-ASA1,25,19 (3) Evaluation of alternative examinations. Within 90 days after the effective date of this subsection .... [LRB inserts date], the research center shall submit to the department a list of nationally recognized, norm-referenced alternative examinations determined by the research center to be acceptable for statistical comparison with examinations adopted or approved under s. 118.30 (1). The research center shall submit under this subsection only those examinations that are consistent with the following parameters: